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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA

FLORIDA DEMOCRATIC PARTY, Plaintiff, v. RICHARD SCOTT, in his official capacity as Governor of the State of Florida, and KEN DETZNER, in his official capacity as Secretary of State of the State of Florida, Defendants. CASE NO. 4:16-cv-626

COMPLAINT FOR EMERGENCY INJUNCTIVE AND DECLARATORY RELIEF

Plaintiff, the FLORIDA DEMOCRATIC PARTY, by and through the undersigned attorneys, files this COMPLAINT FOR EMERGENCY INJUNCTIVE AND DECLARATORY RELIEF against Defendant RICHARD SCOTT, in his official capacity as Governor of the State of Florida, and Defendant KEN DETZNER, in his official capacity as Secretary of State of the State of Florida, (collectively, “Defendants”), and alleges upon information and belief as follows:

Case 4:16-cv-00626-MW-CAS Document 3 Filed 10/09/16 Page 1 of 24

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NATURE OF THE CASE

1.

“No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.”

Wesberry v. Sanders

, 376 U.S. 1, 17 (1964). 2.

Under state law, the voter registration deadline for Florida voters is Tuesday, October 11, 2016. Eligible United States citizens who fail to register by October 11 will be unable to register thereafter in time to cast a ballot in the upcoming 2016 general election scheduled to occur on November 8, 2016. 3.

Florida voters, however, face a daunting and, indeed, life-threatening obstacle to registering to vote in the form of Hurricane Matthew, a massive and dangerous weather event that has threatened Florida with substantial damage and loss of life. 4.

On Thursday, October 6, Defendant Scott unambiguously ordered Florida citizens to “evacuate, evacuate, evacuate” the areas in Hurricane Matthew’s path. “There are no excuses. You need to leave,” he told Floridians. “This storm will kill you. Time is running out.” Arek Sarkissian & Doug Stanglin,

Hurricane Matthew: Florida Governor Says ‘Evacuate, Evacuate, Evacuate

,

’

USA Today (Oct. 6, 2016), http://www.usatoday.com/story/news/nation/2016/10/06/hurricane-matthew-batters-bahamas-set-strengthen-florida-


3 approach/91652096/ (last visited Oct. 8, 2016); Camila Domonoske,

Millions of Coastal Residents Warned to Flee Inland as Hurricane Nears Florida

, NPR (Oct. 6, 2016), http://www.npr.org/sections/thetwo-way/2016/10/06/496836153/millions-of-coastal-residents-warned-to-flee-inland-as-hurricane-nears-florida (last visited Oct. 8, 2016). 5.

That very same day, Defendant Scott refused to extend the voter registration deadline for the very citizens heeding his orders to evacuate— forcing voters to choose between their safety and the safety of their families, on one hand, and their fundamental right to vote, on the other hand. 6.

Many elected officials, citizens, and organizations, including Plaintiff, have called upon Defendant Scott to extend Florida’s voter registration deadline so that Florida voters need not choose between safety and the fundamental right to vote. Defendant Scott has thus far refused to extend the deadline. 7.

Plaintiff brings this lawsuit because Defendants have refused to take any action to protect the voting rights of Florida citizens who, due to Hurricane Matthew, cannot register to vote by the upcoming October 11 registration deadline.
